The new law on alternative settlement of consumer disputes was adopted on 15 December 2016 (Official Gazette 121/16, 23.12.2016.), And entered into force on 31 December 2016. Although the review of the commitments of traders (all craftsmen who sell products or provide services consumers in the EU).
This Act represents an adjustment of Croatian legislation with EU directive 2013/11 / EC and Regulation no. 524/2013.
The law regulates the alternative resolution of domestic and cross-border disputes between traders based in Croatia and consumers residing in the European Union (means and Croatia), and its purpose is to allow consumers to their disputes with traders settled before the bodies for alternative resolution of consumer disputes (hereinafter: authorities the ARPS) in a quick and cost-effective manner.
The Ministry of Economy, Business and Trade Croatia which is responsible for consumer protection on the basis of applications for expressions of interest for notification to appoint the authorities for the ARPS which meet the conditions prescribed by law, and it will be responsible for resolving consumer disputes. The bodies of the Croatian Chamber of alternative dispute resolution Court of Honour and Mediation Centre, the ministry will submit his candidacy and will, after notification Comorian authorities as bodies ARPS mentioned Act do apply to all members of the CBA.
In practice, this means that the craftsmen, and other members of the CBA will not happen significant changes, because the Court of Honor CBA and further (since we expect notification by the relevant ministry) to be responsible for disputes traders and consumers.
The difference is that you will be more in the use of communication by electronic means, all deadlines will be shortened and the information on Notified Bodies for ARPS placed on the website of the European Commission, the so-called. ODR platform which will be the consumers from other EU member states provide a quick and easy way to ARPS authorities in Croatia. Therefore, we expect a greater number of reports of consumers from other EU countries who have purchased a product or service used by retailers in Croatia.
Law Professionals members CBA and all other traders determined and a new appointment. For the violation of these obligations are set out in Article sanctions. 31 of the Act. And so:
1.Traders will also be obliged to inform consumers about the fact that in case of dispute are obliged to take proceedings before a body of ARPS. Such notice must be displayed in a way that is for the consumers clear, understandable and easily accessible on the website and in the business premises of the trader, as well as others. Means prescribed by special regulations on consumer protection, and shall include the mailing address and the address of the website for the body ARPS. (Art. 3 22.st. Act)
2. If a trader and a consumer dispute can not be resolved through a written complaint by the consumer indicates the dealer, the dealer in response to a written complaint must be in writing to meet consumers about the possibilities of an action before the bodies of ARPS and give the consumer the information whether such a course, engage. (Art. 22.st.4 Act)
The fines are from 1,000 to 3,000.00 kn for the merchant – a natural person and responsible person in the legal person and 2000.00 to 5000.00 £, for a legal person.
Although we believe that the provisions of the Act governing traders described above in the first and second could not apply to the notification of the body of ARPS, caution advised all members of the CBA to inform on filing consumer complaints that have already been highlighted due to the provisions of Article 10 … paragraph 3 of the Law on consumer protection, added the following information:
In case of unresolved complaints consumers may contact:
Court of Honour of the Croatian Chamber of Economy, Zagreb, Ilica 49 / II, or the http://www.hok.hr/sud_casti.
or
Conciliation Centre at CCTC, Zagreb, Ilica 49 / II, http://www.hok.hr/centar_za_mirenje
This will condition the Act and certain changes in the work of the Court of Honour and Mediation Centre, and the most in terms of far greater use of electronic communication with clients and shorter periods of treatment.
HOK be expected after notification of the Court of Honour and Mediation Centre as a body of ARPS its members informed of the obligations arising from the Act, with the necessary education.
We remind craftsmen who take contractual obligations arising out of the contract of sale or on line services to consumers residing in the Union, that of 15 February 2016 the obligation in accordance with Art. 14 paragraph 1 of Regulation (EU) No.524 / 2013 to an easily accessible place on its website provide an electronic link with the European platform for ORS (Eng. ODR).
European Commission – Platform for online settlement of consumer disputes:
webgate.ec.europa.eu/odr/main/index.cfm
Platform for online settlement of consumer disputes allows consumers and retailers online resolution of disputes arising from the online contract. The platform provides a single point of entry that allows consumers and retailers from the EU disputes arising from domestic and cross-border online shopping. This is achieved by directing complaints to the national authorities for alternative dispute resolution (as it will be after the notification of the Court of Honour of HOK and Mediation Centre